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    <title>1988 (10) TMI 266 - MADRAS HIGH COURT</title>
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    <description>Amounts collected from customers as expressly refundable security deposits against a contingent sales tax liability on freight and packing charges were not collections by way of tax. Because the invoices and trade circulars disclosed the amounts as deposits, refundable if the proposed levy was not upheld, and the sums were separately accounted for as contingent deposits, the penal provision for unauthorised tax collection was not attracted. The consequential penalty proceedings under section 22 of the Tamil Nadu General Sales Tax Act were unsustainable, and the writ petitions succeeded with the impugned proceedings quashed.</description>
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    <pubDate>Mon, 03 Oct 1988 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=155841</link>
      <description>Amounts collected from customers as expressly refundable security deposits against a contingent sales tax liability on freight and packing charges were not collections by way of tax. Because the invoices and trade circulars disclosed the amounts as deposits, refundable if the proposed levy was not upheld, and the sums were separately accounted for as contingent deposits, the penal provision for unauthorised tax collection was not attracted. The consequential penalty proceedings under section 22 of the Tamil Nadu General Sales Tax Act were unsustainable, and the writ petitions succeeded with the impugned proceedings quashed.</description>
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      <pubDate>Mon, 03 Oct 1988 00:00:00 +0530</pubDate>
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